Does anyone know how it works if only 2 residential units per plot are allowed in the development plan, but one wants to build a (at least) 4-family house?
I have heard that the case law, but also the law itself, does not consider the number of residential units as a compatibility criterion within the meaning of § 34 of the Building Code.
The volume of the house would remain the same, even when building two semi-detached houses. All limits are observed and the parking spaces would also be demonstrated by constructing an underground garage.
In the end, it is about the fact that the volume of the building, = project with underground garage and 6 or even just 4 residential units, which would require an exemption from the provisions of the development plan, would remain the same if only 2 residential units were built in it.
I was initially wondering how one could come up with an underground garage for two residential units (and where in a §34 area a limitation on residential units per plot would come from). Now I am completely confused: do you want to build six or only two residential units where four are planned?
At first, I thought: aha, someone probably acquired two adjacent semi-detached house plots with a maximum of 2 residential units per plot each and now wants to combine the two plots and build a four-family house on it. The six or eight parking spaces would then be created in a basement. I already did not understand that in connection with §34 since it would be unusual there to limit residential units per plot. A compatibility requirement could not even be specified in this respect; that would have to be done by, for example, a local statute. Now come on, tell me straight, what kind of peculiar hybrid between a compatibility requirement and a qualified development plan are we supposed to be dealing with here? Even Schrödinger has not invented a "provision" oscillating between these extremes.
But if there is a development plan and you have obtained an exemption for increasing to six residential units and now only want to implement four or even just two: then that should be possible, but on the other hand would require a new building application and exemption request.
Did you design something but cannot sell it and now want to rightsize it (based on the granted permit including exemption)?
Threads like "please give me a universally valid answer so that I can keep the purpose of my question secret" only produce that at the end near-expiry popcorn is sold off at half price. The movie "possibly a horse and the secret goal of its unknown rider" will flop at the box office, Mr. Bialystock!
